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Idea–expression Distinction
The idea–expression distinction or idea–expression dichotomy is a legal doctrine in the United States that limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea. Unlike patents, which may confer proprietary rights in relation to general ideas and concepts ''per se'' when construed as methods, copyrights cannot confer such rights. An adventure novel provides an illustration of the concept. Copyright may subsist in the work as a whole, in the particular story or characters involved, or in any artwork contained in the book, but generally not in the idea or genre of the story. Copyright, therefore, may not subsist in the idea of a man venturing out on a quest, but may subsist in a particular story that follows that pattern. Similarly, if the methods or processes described in a work are patentable, they may be the subject of various patent claims, which may or may not be broad enough to cover other methods or pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Legal Doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student organ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Useful Arts
Useful art, or useful arts or technics, is concerned with the skills and methods of practical subjects such as manufacture and craftsmanship. The phrase has now gone out of fashion, but it was used during the Victorian era and earlier as an antonym to the performing art and the fine art. The term "useful Arts" is used in the United States Constitution, Article One, Section 8, Clause 8 which is the basis of United States patent and copyright law: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;..." According to the US Supreme Court, the phrase "useful Arts" is meant to reference inventions. There is controversy in the Court as to whether or not this includes business methods. In the majority opinion for ''In re Bilski'',In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (2008) Justice Anthony Kennedy states "the Patent Act leaves open the possibility that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire'') is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a femme fatale, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic, and therefore a later film that duplicated these features of an earlier film did not infringe. These el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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United States District Court For The Southern District Of California
The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was created on September 28, 1850, following the passage of the California Statehood Act An Act for the Admission of the State of California into the Union is the federal legislation that admitted California to the United States as the thirty-first state. California is one of only a few states to become a state without first being ... on September 9, 1850. The state was divided into a Northern and Southern district. The Judicial Circuits Act of 1866 abolished the Northern and Southern districts, re-organizing California as a single circuit district. On August 5, 1886 the Southern district was re-established, following the division of the state into Northern and Southern districts. The d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Cain V
Cain ''Káïn''; ar, قابيل/قايين, Qābīl/Qāyīn is a Biblical figure in the Book of Genesis within Abrahamic religions. He is the elder brother of Abel, and the firstborn son of Adam and Eve, the first couple within the Bible. He was a farmer who gave an offering of his crops to God. However, God was not pleased and favored Abel's offering over Cain's. Out of jealousy, Cain killed his brother, for which he was punished by God with the curse and mark of Cain. He had several children, starting with Enoch and including Lamech. The narrative is notably unclear on Cain's motive for murdering his brother, God's reason for rejecting Cain's sacrifice, and details on the identity of Cain's wife. Some traditional interpretations consider Cain to be the originator of evil, violence, or greed. According to Genesis, Cain was the first human born and the first murderer. Genesis narrative Interpretations Jewish and Christian interpretations A question arising early in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Commonwealth Of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire'') is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a femme fatale, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic, and therefore a later film that duplicated these features of an earlier film did not infringe. These el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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French Language
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French (Francien) largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the ( Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 29 countries across multiple continents, most of which are members of the '' Organisation internationale de la Francopho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Computer Programs Directive
The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC. History In Europe, the need to foster the computer software industry brought attention to the lack of adequate harmonisation among the copyright laws of the various EU nations with respect to such software. Economic pressure spurred the development of the first directive which had two goals (1) the harmonisation of the law and (2) dealing with the problems caused by the need for interoperability. The first EU Directive on the legal protection of computer programs was Council Directive 91/250/EEC of 14 May 1991. It required (Art. 1) that computer programs and any associated design material be protected under copyright as literary works within the sense of the Berne Convention for the Protection of Liter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Victoria Park Racing And Recreation Grounds Co
Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelles, the capital city of the Seychelles * Queen Victoria (1819–1901), Queen of the United Kingdom (1837–1901), Empress of India (1876–1901) Victoria may also refer to: People * Victoria (name), including a list of people with the name * Princess Victoria (other), several princesses named Victoria * Victoria (Gallic Empire) (died 271), 3rd-century figure in the Gallic Empire * Victoria, Lady Welby (1837–1912), English philosopher of language, musician and artist * Victoria of Baden (1862–1930), queen-consort of Sweden as wife of King Gustaf V * Victoria, Crown Princess of Sweden (born 1977) * Victoria, ring name of wrestler Lisa Marie Varon (born 1971) * Victoria (born 1987), professional name of Song Qian, Chines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Donoghue V
Donoghue may refer to: Law * Donoghue v Stevenson, 1932 * Donoghue v Folkestone Properties Ltd, 2003 * Donoghue v Allied, 1938 People * Denis Donoghue (academic) (1928–2021), Irish literary critic * Denis Donoghue (rugby league) * Eileen Donoghue (born 1954), attorney * Emma Donoghue, Irish-born playwright, literary historian and novelist * Francis E. Donoghue (1872–1952), politician * Joe Donoghue (1871–1921), speed skater * John Donoghue (writer) (born 1964), British humourist and travel writer * John Francis Donoghue * John P. Donoghue (born 1957), American politician * John Talbott Donoghue (1853–1903), American artist * Lee Donoghue (born 1983), New Zealand actor * Liam Donoghue (born 1974), Irish sportsperson * Patrick Donoghue, footballer * Philip Donoghue (born 1971), British palaeontologist * Raymond Tasman Donoghue (1920–1960), Australian tram driver * Richard Donoghue, American attorney and prosecutor, former United States deputy attorney general (2020 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |